Need Advice for an Overweight Ticket

Discussion in 'Trucker Legal Advice' started by chrisf1, Aug 20, 2007.

  1. chrisf1

    chrisf1 Bobtail Member

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    I live in North Carolina and got an overweight ticket in Maryland.
    I have been on the road for about a month, and was sent to pick up this loaded trailer. The shipper did not have a scale and told me the load was about 40K, I was looking for a truck stop so I could get the load weighed when I got pulled into the Scales.
    I now have a $694 ticket, that the company said is my problem. Is it worth me traveling to Maryland to try and get the ticket reduced?

    Any advice would be appreciated.
     
  2. Fozzy in Oklahoma

    Fozzy in Oklahoma Light Load Member

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    Was the ticket for over-gross over over axle and how far did you drag it before the weigh station???
     
  3. rex

    rex Light Load Member

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    Legally an overweight ticket is the driver's responsibility. Just how much were you over to warrant that big of a fine?
    If things are as you say, and you picked up a trailer "blind" and this outfit won't step up and pay the fine, my advice would be to quit asap before they do some other crap to you...
    rx
     
  4. chrisf1

    chrisf1 Bobtail Member

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    It was about 30 miles on the state highway before I got on the interstate and the scales were right there.
     
  5. prodriver

    prodriver Bobtail Member

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    $694 overweight ticket? That seems steep to me. Have the overweight fines gone up THAT much over the past several years?

    Bottom line is that you are responsible. I've seen drivers blow-off tickets like these and then end up getting burned when the state revolks their driving privilages.

    If your company doesn't cough up the money, then I'd seriously re-evaluate my future with them.
     
  6. dieselbear

    dieselbear Road Train Member

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    How many lbs. over were you. Sounds to me like about 8,000 lbs or so. Maryland is one of the state's that if you are found guilty of the weight violation, the judge by statute can not reduce the fine. So do, in violation of the statute by granting PBJ (probation before judgement), and some just don't realize that statute is there. Good luck. Here is the exact wording in the transportation article of Maryland under Title 27:


    §27–105.

    (a) (1) This section applies to any person charged with a violation of the Maryland Vehicle Law for exceeding, as to any vehicle or combination of vehicles:

    (i) The maximum registered weight limit for which the vehicle or combination is registered;

    (ii) Any statutory weight limit set forth in the Maryland Vehicle Law; or

    (iii) The maximum weight limit imposed by signs which have been placed to regulate the weight of any vehicle passing over any bridge or culvert as provided for in § 24-206 of this article; provided that signs posting the restriction are located at the bridge or culvert and also prior to the last available alternate route which bypasses the bridge or culvert.

    (2) On conviction of any person for a violation of any of these limits, fines shall be imposed as provided in this section.

    (b) Except on interstate highways, a loading error or tolerance of 1,000 pounds over a registered weight limit, statutory weight limit, or weight limit imposed by signs is allowed and only weight in excess of this tolerance is a violation provided that:

    (1) An overall gross weight may not exceed 80,000 pounds, including any enforcement or statutory tolerances; or

    (2) The vehicle is being operated under a valid permit for gross weight in excess of 80,000 pounds.

    (c) Subject to subsection (d) of this section, the following fines, in addition to court costs, are applicable to weight violations over the registered weight limit, statutory weight limit, or weight limit imposed by signs, and for weight violations that occur on any highway of this State, including interstate highways:

    (1) 1 cent for each pound for the first 1,000 pounds of weight over any allowable weight;

    (2) 5 cents for each pound of excess weight over 1,000 pounds, but less than 5,001 pounds;

    (3) 12 cents for each additional pound of excess weight over 5,000 pounds and less than 10,001 pounds;

    (4) 20 cents for each additional pound of excess weight over 10,000 pounds but less than 20,001 pounds; and

    (5) 40 cents for each additional pound of excess weight over 20,000 pounds.

    (d) The following fines, in addition to court costs, are applicable to weight violations over the registered weight limit, statutory weight limit, or weight limit imposed by signs, and to any other weight violations that occur on the William Preston Lane, Jr. Memorial (Chesapeake Bay) Bridge or its appurtenant approaches under the jurisdiction of the Maryland Transportation Authority:

    (1) 1 cent for each pound for the first 1,000 pounds over any allowable weight;

    (2) 5 cents for each additional pound of excess weight over 1,000 pounds but less than 2,001 pounds;

    (3) 10 cents for each additional pound of excess weight over 2,000 pounds but less than 5,001 pounds;

    (4) 24 cents for each additional pound of excess weight over 5,000 pounds but less than 10,001 pounds;

    (5) 40 cents for each additional pound of excess weight over 10,000 pounds but less than 20,001 pounds; and

    (6) 80 cents for each additional pound of excess weight over 20,000 pounds.




    (e) Notwithstanding any other provision of law, on conviction for a violation, no fine may be suspended or reduced. However, in computing the fine, a credit for any excess weight caused by an accumulation of cinders, snow, or ice shall be given.


    (f) (1) If the vehicle being operated at the time the offense is committed is registered outside of this State, or if the person responsible for the violation or the person operating the vehicle is a nonresident of this State, further proceedings shall be had as to the person under Title 26 of this article or the vehicle shall be impounded until the fine is paid or acceptable collateral posted.


    (2) The impounding of the vehicle does not include the cargo, and the cargo may not be held.


    (3) If, after 90 days from the date the vehicle was impounded, the fine has not been paid or acceptable collateral posted, the vehicle may be sold at public auction under the jurisdiction of the court to satisfy the fine, accrued interest, and costs.

    :biggrin_2555::biggrin_2555::biggrin_2555::biggrin_2555::biggrin_2555::biggrin_2555:
    here's the link:

    http://www.dsd.state.md.us/comar/Annot_Code_Idx/TransportIndex.htm#Title 27
     
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  7. Dave27107

    Dave27107 Light Load Member

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    Sounds to me as if you're stuck with paying the fine.

    For future reference, next time you get to a place to pick up a load, if it's over 35,000 pounds, plan to scale it. Granted, with that weight you probably won't be over gross, but you could be over on axle. Some states split the drives and get individual weights for both the front and rear drive axle. Sometimes, but not always, if you pick up a load and a truck stop or shipper scale is not available, and you know you will be crossing a state DOT scale, you can call the DOT scale, advise them of your situation, and they may tell you to come on over and they will give you a courtesy weight. I would not count on this happening very often though.

    If you feel like you could be overweight, contact your company -- hopefully via qualcom or some other similar device, I don't mean a cell phone 'cause then they can deny having spoken with you about this issue. Ask for guidance. They tell you to run with it, ask who pays the overweight ticket. If they say you, I wouldn't move from the pick up point. If they say they will pay it (and I don't mean them front you the money and then deduct it from your paycheck), you've got it on the qualcom (which they can't delete). If they try to make you pay the fine after having told you they would cover the cost of it, I'd start looking for another company to work for.
     
  8. DOTRA

    DOTRA Light Load Member

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    What company is this?
     
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  9. abjz71

    abjz71 Light Load Member

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  10. Charlietone

    Charlietone Bobtail Member

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    I live in Maryland. Ihave had a few tickets in Maryland. The driver is responsible for paying the ticket.
    if the driver does not pay the ticket they will indeed suspend your license until you pay the fine,trust me it happened to me.
    out of state,if you do not pay the fine . If you get stopped in Maryland again. , they will most likely have a warrant for your arrest.
    the state could care less what the company told you.
     
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